Okorocha is in court asking for an order, compelling the commission to issue him a certificate of return as the senator-elect for Imo West Senatorial District.
She argued that the cause of action, having arisen out of an election that had been conducted; the suit was not a matter within the jurisdiction of the court but that of the tribunal. He posited that the proper mode of bringing the action ought to have been by a writ of summons, where oral evidence could be called to resolve the dispute.
Ogunwumiju argued that the issue of duress was the only defence raised by the defendants before the court and that INEC did not say anything about duress.
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